Hunting license
Encyclopedia
A hunting license is a regulatory
or legal mechanism
to control recreation
al and sports hunting
.
Hunting may be regulated informally by "unwritten law", "self restraint", or "morality" and by laws "enforced by government authority."
Hunting licenses are millennia old.
Amongst the first hunting laws in the Common law
tradition was from the time of William the Conqueror (reign in England starting 1066). In the Peterborough Chronicle
entry of 1087, The Rime of King William
reported in verse that:
Whoever killed a hart or a hind
Should be blinded.
This was because "William the Conqueror's moral life lives in the landscape. His control of the forest mirrors his control of the people, and his establishment of hunting laws reveals the dissonance between his love for animals and his contempt for the populace: ...
He loved the wild animals
As if he were their father.
That he loves the animals like a father implies, of course, that he does not love his people like one."
and nationally significant wildlife habitat, the regulation for endangered species
and the international wildlife issues and treaties (i.e. CITES) for Canada. For example, Migratory Game Bird Hunting license is issued by the Canadian Wildlife Service
, an agency of Environment Canada
. All other matters fall under the provincial/territorial jurisdiction.
The use of firearm
s in hunting is also separated into provincial/territorial and federal jurisdiction. Whereas the Canadian Firearms Program will determine who is eligible for a Possession and Acquisition Licence
and issuance of firearm registration certificates, it is the provincial/territorial government's responsibility to regulate when and how the firearms can be used in hunting animals.
In Québec hunter education and licensing is managed by the Fédération Québécoise de la Faune. Sécurité Nature, a program managed by the FQF, offers a variety of hunting education courses which allow residents to hunt legally after obtaining their licence and a permit at designated outlets (most hunting & fishing stores, Canadian Tires, etc.) for a fee.
The hunting exam is a test of expertise with a high failure rate. To pass it, each applicant has to participate in a comprehensive, difficult instruction course which consists largely of the areas shooting (shotgun
and rifle
), theory (esp. weapon
ry, local wildlife
and habitat
) and practise.
In practise the German system of examination for deer hunters (stalkers) is very much in line with the English DMQ level DSC2. Over the last ten years or so European countries in general have made efforts to harmonise the previously fragmented rules and regulations with parallels being taken from the more difficult UK system.
regarding migratory birds (such as ducks and geese) and endangered species
.
Like many licenses, a hunting license is considered a privilege
granted by the government
, rather than a constitutional right
under the Second Amendment
.
As a general rule, unprotected pest species are not subject to a hunting license. Vermin
may be hunted without a license, or may even be the subject of a bounty
paid to the hunter. This is especially true for predatory
carnivore
s such as coyote
s and wolves
.
requirements for getting a hunting license. These includes the areas, time periods, harvesting techniques, distinctions between species, and a hunting safety
course.
Licenses to hunt typically go on sale once a year. Some states, such as New York
, allow only during a defined single season, or for a lifetime during such seasons for residents of the state, upon payment of the appropriate fees. As a general rule, hunting licenses are non-transferable, are a privilege (not a right), and does not allow trespass
on private land.
Hunting big game
typically requires a tag for each animal harvested. Tags must be purchased in addition to the hunting license, and the number of tags issued to an individual is typically limited. In cases where there are more prospective hunters than the quota for that species, tags are usually assigned by lottery. Tags may be further restricted to a specific area or wildlife management unit.
States with these "tags" include Alaska , California , Florida, Georgia , Illinois
, Louisiana , New York ,
Ohio , Tennessee , Texas , and Virginia.
49 of the 50 states require a prospective big game hunter take a several-hour course about safety, often termed sportsman education.
Such jurisdiction
s also may limit the privilege
of getting a hunting license to adults, and a "junior
" license for persons as young as twelve years of age.
Several United States and Canadian provinces have joined in an Interstate Wildlife Violator Compact (IWVC) to control interstate hunting and to punish violators of differing laws.
United States law also mandates strict limits on the hunting ("taking") of endangered species
. The U.S. is a signatory to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The Bush Administration proposed lifting some restrictions in 2005 (for antelope
s), as did the Norwegian
Government (for wolves) in the same year.
, (Title 50 Part 22 of the Code of Federal Regulations
), stipulates that only individuals of certifiable Native American
ancestry enrolled in a federally recognized tribe are legally authorized to obtain eagle
feathers for religious or spiritual
use. Native Americans and non-Native Americans frequently contest the value and validity of the eagle feather law, charging that the law is laden with discriminatory racial preferences and infringes on tribal sovereignty
. The law does not allow Native Americans to give eagle feathers to non-Native Americans, a common modern and traditional practice. Many non-Native Americans have been adopted into Native American families, made tribal members and given eagle feathers.
to the United States Constitution
; the Supreme Court of the US in February 2008, heard arguments on the proper standard of review
for gun laws or regulations. However, in District of Columbia v. Heller
, the Court declined to examine the broader issues, leaving state hunting licenses valid and in force.
Regulation
Regulation is administrative legislation that constitutes or constrains rights and allocates responsibilities. It can be distinguished from primary legislation on the one hand and judge-made law on the other...
or legal mechanism
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
to control recreation
Recreation
Recreation is an activity of leisure, leisure being discretionary time. The "need to do something for recreation" is an essential element of human biology and psychology. Recreational activities are often done for enjoyment, amusement, or pleasure and are considered to be "fun"...
al and sports hunting
Hunting
Hunting is the practice of pursuing any living thing, usually wildlife, for food, recreation, or trade. In present-day use, the term refers to lawful hunting, as distinguished from poaching, which is the killing, trapping or capture of the hunted species contrary to applicable law...
.
Hunting may be regulated informally by "unwritten law", "self restraint", or "morality" and by laws "enforced by government authority."
Hunting licenses are millennia old.
Amongst the first hunting laws in the Common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
tradition was from the time of William the Conqueror (reign in England starting 1066). In the Peterborough Chronicle
Peterborough Chronicle
The Peterborough Chronicle , one of the Anglo-Saxon Chronicles, contains unique information about the history of England after the Norman Conquest. According to philologist J.A.W...
entry of 1087, The Rime of King William
The Rime of King William
The Rime of King William is an Old English poem that tells the death of William the Conqueror. The Rime was a part of the only entry for the year of 1087 in the “Peterborough Chronicle/Laud Manuscript.” In this entry there is a thorough history and account of the life of King William...
reported in verse that:
Whoever killed a hart or a hind
Should be blinded.
This was because "William the Conqueror's moral life lives in the landscape. His control of the forest mirrors his control of the people, and his establishment of hunting laws reveals the dissonance between his love for animals and his contempt for the populace: ...
He loved the wild animals
As if he were their father.
That he loves the animals like a father implies, of course, that he does not love his people like one."
Canada
Hunting regulation and licensing falls under both provincial/territorial and federal jurisdiction. The federal government is responsible for protecting migratory birdsBird migration
Bird migration is the regular seasonal journey undertaken by many species of birds. Bird movements include those made in response to changes in food availability, habitat or weather. Sometimes, journeys are not termed "true migration" because they are irregular or in only one direction...
and nationally significant wildlife habitat, the regulation for endangered species
Endangered species
An endangered species is a population of organisms which is at risk of becoming extinct because it is either few in numbers, or threatened by changing environmental or predation parameters...
and the international wildlife issues and treaties (i.e. CITES) for Canada. For example, Migratory Game Bird Hunting license is issued by the Canadian Wildlife Service
Canadian Wildlife Service
The Canadian Wildlife Service or CWS is a branch of the Department of the Environment, also known as Environment Canada, a department of the Government of Canada....
, an agency of Environment Canada
Environment Canada
Environment Canada , legally incorporated as the Department of the Environment under the Department of the Environment Act Environment Canada (EC) (French: Environnement Canada), legally incorporated as the Department of the Environment under the Department of the Environment Act Environment...
. All other matters fall under the provincial/territorial jurisdiction.
The use of firearm
Firearm
A firearm is a weapon that launches one, or many, projectile at high velocity through confined burning of a propellant. This subsonic burning process is technically known as deflagration, as opposed to supersonic combustion known as a detonation. In older firearms, the propellant was typically...
s in hunting is also separated into provincial/territorial and federal jurisdiction. Whereas the Canadian Firearms Program will determine who is eligible for a Possession and Acquisition Licence
Possession and Acquisition Licence
A Possession and Acquisition Licence is a licence that allows individuals in Canada to possess and acquire firearms as well as ammunition. Licences are typically valid for five years and must be renewed prior to expiry to maintain all classes. Once licensed, an individual can apply for a firearm...
and issuance of firearm registration certificates, it is the provincial/territorial government's responsibility to regulate when and how the firearms can be used in hunting animals.
In Québec hunter education and licensing is managed by the Fédération Québécoise de la Faune. Sécurité Nature, a program managed by the FQF, offers a variety of hunting education courses which allow residents to hunt legally after obtaining their licence and a permit at designated outlets (most hunting & fishing stores, Canadian Tires, etc.) for a fee.
Germany
A German hunting license is a certificate that grants its holder the exercise of hunting within legal ordinances. It is also the precondition to own hunting arms and ammunition (unlimited number of rifles/shotguns and up to two handguns). The actual right to exercise hunting in a specific area is entitled to the respective landowners (if they own an area of more than 200 acre (0.809372 km²), otherwise all landowners of a municipality are integrated into an association) who may use their right for themselves or lease it. Depending on size and value of an hunting area a typical leasing rate may vary from about 10 to 100 USD per acre per year. Additionally the lesse has to pay the landowner any damage by deers, wild hogs etc. The right to hunt is connected to the duty to care for all kind of animals listed by the hunting laws. For several species such as deers plans have to be developed by hunters and authorities, how many animals of a specified class and age may (or have to) be killed within a certain period of time. The purpose of the hunting license is to ensure that only well trained persons may exercise hunting. Applicants must fulfill the following requirements:- Successful graduation of a hunting exam,
- Certificate of a liability insuranceLiability insuranceLiability insurance is a part of the general insurance system of risk financing to protect the purchaser from the risks of liabilities imposed by lawsuits and similar claims. It protects the insured in the event he or she is sued for claims that come within the coverage of the insurance policy...
for hunters, - Personal trustworthiness (§ 5 German Weapons ActGun politics in GermanyThe German Weapons Act is a gun regulation law enacted in Germany in 1972. It includes, and modifies, previous gun regulation laws. It regulates the handling of knives, firearms and ammunition as well as acquisition, storage, commerce and maintenance of weapons...
), - Applicants must be at least 16 years for a Youth Hunting License, otherwise 18 years,
- Flawless Criminal recordCriminal recordA criminal record is a record of a person's criminal history, generally used by potential employers, lenders etc. to assess his or her trustworthiness. The information included in a criminal record varies between countries and even between jurisdictions within a country...
.
The hunting exam is a test of expertise with a high failure rate. To pass it, each applicant has to participate in a comprehensive, difficult instruction course which consists largely of the areas shooting (shotgun
Shotgun
A shotgun is a firearm that is usually designed to be fired from the shoulder, which uses the energy of a fixed shell to fire a number of small spherical pellets called shot, or a solid projectile called a slug...
and rifle
Rifle
A rifle is a firearm designed to be fired from the shoulder, with a barrel that has a helical groove or pattern of grooves cut into the barrel walls. The raised areas of the rifling are called "lands," which make contact with the projectile , imparting spin around an axis corresponding to the...
), theory (esp. weapon
Weapon
A weapon, arm, or armament is a tool or instrument used with the aim of causing damage or harm to living beings or artificial structures or systems...
ry, local wildlife
Wildlife
Wildlife includes all non-domesticated plants, animals and other organisms. Domesticating wild plant and animal species for human benefit has occurred many times all over the planet, and has a major impact on the environment, both positive and negative....
and habitat
Habitat
* Habitat , a place where a species lives and grows*Human habitat, a place where humans live, work or play** Space habitat, a space station intended as a permanent settlement...
) and practise.
In practise the German system of examination for deer hunters (stalkers) is very much in line with the English DMQ level DSC2. Over the last ten years or so European countries in general have made efforts to harmonise the previously fragmented rules and regulations with parallels being taken from the more difficult UK system.
United States
In the United States, Regulation of hunting is primarily performed by the state law; additional regulations are imposed through United States (Federal) environmental lawEnvironmental law
Environmental law is a complex and interlocking body of treaties, conventions, statutes, regulations, and common law that operates to regulate the interaction of humanity and the natural environment, toward the purpose of reducing the impacts of human activity...
regarding migratory birds (such as ducks and geese) and endangered species
Endangered species
An endangered species is a population of organisms which is at risk of becoming extinct because it is either few in numbers, or threatened by changing environmental or predation parameters...
.
Like many licenses, a hunting license is considered a privilege
Privilege
A privilege is a special entitlement to immunity granted by the state or another authority to a restricted group, either by birth or on a conditional basis. It can be revoked in certain circumstances. In modern democratic states, a privilege is conditional and granted only after birth...
granted by the government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
, rather than a constitutional right
Constitutional right
An inalienable right is a freedom granted by a Nature or the Creator's endowment by birth , and may not be legally denied by that government.-United States:...
under the Second Amendment
Second Amendment to the United States Constitution
The Second Amendment to the United States Constitution is the part of the United States Bill of Rights that protects the right of the people to keep and bear arms. It was adopted on December 15, 1791, along with the rest of the Bill of Rights.In 2008 and 2010, the Supreme Court issued two Second...
.
As a general rule, unprotected pest species are not subject to a hunting license. Vermin
Vermin
Vermin is a term applied to various animal species regarded by some as pests or nuisances and especially to those associated with the carrying of disease. Since the term is defined in relation to human activities, which species are included will vary from area to area and even person to person...
may be hunted without a license, or may even be the subject of a bounty
Bounty (reward)
A bounty is a payment or reward often offered by a group as an incentive for the accomplishment of a task by someone usually not associated with the group. Bounties are most commonly issued for the capture or retrieval of a person or object. They are typically in the form of money...
paid to the hunter. This is especially true for predatory
Predation
In ecology, predation describes a biological interaction where a predator feeds on its prey . Predators may or may not kill their prey prior to feeding on them, but the act of predation always results in the death of its prey and the eventual absorption of the prey's tissue through consumption...
carnivore
Carnivore
A carnivore meaning 'meat eater' is an organism that derives its energy and nutrient requirements from a diet consisting mainly or exclusively of animal tissue, whether through predation or scavenging...
s such as coyote
Coyote
The coyote , also known as the American jackal or the prairie wolf, is a species of canine found throughout North and Central America, ranging from Panama in the south, north through Mexico, the United States and Canada...
s and wolves
Gray Wolf
The gray wolf , also known as the wolf, is the largest extant wild member of the Canidae family...
.
State licenses
Each state has different standards and paperworkRed tape
Red tape is excessive regulation or rigid conformity to formal rules that is considered redundant or bureaucratic and hinders or prevents action or decision-making...
requirements for getting a hunting license. These includes the areas, time periods, harvesting techniques, distinctions between species, and a hunting safety
Safety
Safety is the state of being "safe" , the condition of being protected against physical, social, spiritual, financial, political, emotional, occupational, psychological, educational or other types or consequences of failure, damage, error, accidents, harm or any other event which could be...
course.
Licenses to hunt typically go on sale once a year. Some states, such as New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, allow only during a defined single season, or for a lifetime during such seasons for residents of the state, upon payment of the appropriate fees. As a general rule, hunting licenses are non-transferable, are a privilege (not a right), and does not allow trespass
Trespass
Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels and trespass to land.Trespass to the person, historically involved six separate trespasses: threats, assault, battery, wounding, mayhem, and maiming...
on private land.
Hunting big game
Mammal
Mammals are members of a class of air-breathing vertebrate animals characterised by the possession of endothermy, hair, three middle ear bones, and mammary glands functional in mothers with young...
typically requires a tag for each animal harvested. Tags must be purchased in addition to the hunting license, and the number of tags issued to an individual is typically limited. In cases where there are more prospective hunters than the quota for that species, tags are usually assigned by lottery. Tags may be further restricted to a specific area or wildlife management unit.
States with these "tags" include Alaska , California , Florida, Georgia , Illinois
, Louisiana , New York ,
Ohio , Tennessee , Texas , and Virginia.
49 of the 50 states require a prospective big game hunter take a several-hour course about safety, often termed sportsman education.
Such jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
s also may limit the privilege
Privilege
A privilege is a special entitlement to immunity granted by the state or another authority to a restricted group, either by birth or on a conditional basis. It can be revoked in certain circumstances. In modern democratic states, a privilege is conditional and granted only after birth...
of getting a hunting license to adults, and a "junior
Youth
Youth is the time of life between childhood and adulthood . Definitions of the specific age range that constitutes youth vary. An individual's actual maturity may not correspond to their chronological age, as immature individuals could exist at all ages.-Usage:Around the world, the terms "youth",...
" license for persons as young as twelve years of age.
Several United States and Canadian provinces have joined in an Interstate Wildlife Violator Compact (IWVC) to control interstate hunting and to punish violators of differing laws.
Federal licenses
Federal law requires the purchase of a duck stamp in order to shoot migratory ducks. They are regulated by the U.S. Fish and Wildlife Service.United States law also mandates strict limits on the hunting ("taking") of endangered species
Endangered species
An endangered species is a population of organisms which is at risk of becoming extinct because it is either few in numbers, or threatened by changing environmental or predation parameters...
. The U.S. is a signatory to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The Bush Administration proposed lifting some restrictions in 2005 (for antelope
Antelope
Antelope is a term referring to many even-toed ungulate species indigenous to various regions in Africa and Eurasia. Antelopes comprise a miscellaneous group within the family Bovidae, encompassing those old-world species that are neither cattle, sheep, buffalo, bison, nor goats...
s), as did the Norwegian
Norway
Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
Government (for wolves) in the same year.
Exemptions
Both Federal and State exempt the following:- Pest species, as noted above, such as rodents. There is a false urban legendUrban legendAn urban legend, urban myth, urban tale, or contemporary legend, is a form of modern folklore consisting of stories that may or may not have been believed by their tellers to be true...
that a hunting license is required to trap mice. - Native AmericansNative Americans in the United StatesNative Americans in the United States are the indigenous peoples in North America within the boundaries of the present-day continental United States, parts of Alaska, and the island state of Hawaii. They are composed of numerous, distinct tribes, states, and ethnic groups, many of which survive as...
based on Indian treaties - Specific statutes, such as the Marine Mammal Protection ActMarine Mammal Protection ActThe Marine Mammal Protection Act of 1972 was the first article of legislation to call specifically for an ecosystem approach to natural resource management and conservation. MMPA prohibits the taking of marine mammals, and enacts a moratorium on the import, export, and sale of any marine mammal,...
and eagle feather laws (see below) - Alaskan Native laws
- Active service members of the military often get free licenses
- Sports hunting for targets.
The Eagle Feather Law
The eagle feather lawEagle feather law
The eagle feather law provides many exceptions to federal wildlife laws regarding eagles and other migratory birds to enable Native Americans to continue their traditional practices....
, (Title 50 Part 22 of the Code of Federal Regulations
Code of Federal Regulations
The Code of Federal Regulations is the codification of the general and permanent rules and regulations published in the Federal Register by the executive departments and agencies of the Federal Government of the United States.The CFR is published by the Office of the Federal Register, an agency...
), stipulates that only individuals of certifiable Native American
Native Americans in the United States
Native Americans in the United States are the indigenous peoples in North America within the boundaries of the present-day continental United States, parts of Alaska, and the island state of Hawaii. They are composed of numerous, distinct tribes, states, and ethnic groups, many of which survive as...
ancestry enrolled in a federally recognized tribe are legally authorized to obtain eagle
Eagle
Eagles are members of the bird family Accipitridae, and belong to several genera which are not necessarily closely related to each other. Most of the more than 60 species occur in Eurasia and Africa. Outside this area, just two species can be found in the United States and Canada, nine more in...
feathers for religious or spiritual
Spirituality
Spirituality can refer to an ultimate or an alleged immaterial reality; an inner path enabling a person to discover the essence of his/her being; or the “deepest values and meanings by which people live.” Spiritual practices, including meditation, prayer and contemplation, are intended to develop...
use. Native Americans and non-Native Americans frequently contest the value and validity of the eagle feather law, charging that the law is laden with discriminatory racial preferences and infringes on tribal sovereignty
Tribal sovereignty
Tribal sovereignty in the United States refers to the inherent authority of indigenous tribes to govern themselves within the borders of the United States of America. The federal government recognizes tribal nations as "domestic dependent nations" and has established a number of laws attempting to...
. The law does not allow Native Americans to give eagle feathers to non-Native Americans, a common modern and traditional practice. Many non-Native Americans have been adopted into Native American families, made tribal members and given eagle feathers.
Challenges regarding the Second Amendment
Some hunters have challenged hunting licenses, as being in violation of the right to keep and bear arms as guaranteed by Second AmendmentSecond Amendment to the United States Constitution
The Second Amendment to the United States Constitution is the part of the United States Bill of Rights that protects the right of the people to keep and bear arms. It was adopted on December 15, 1791, along with the rest of the Bill of Rights.In 2008 and 2010, the Supreme Court issued two Second...
to the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
; the Supreme Court of the US in February 2008, heard arguments on the proper standard of review
Standard of review
In LAW, the standard of review is the amount of deference given by one court in reviewing a decision of a lower court or tribunal. A low standard of review means that the decision under review will be varied or overturned if the reviewing court considers there is any error at all in the lower...
for gun laws or regulations. However, in District of Columbia v. Heller
District of Columbia v. Heller
District of Columbia v. Heller, 554 U.S. 570 , was a landmark case in which the Supreme Court of the United States held that the Second Amendment to the United States Constitution protects an individual's right to possess a firearm for traditionally lawful purposes in federal enclaves, such as...
, the Court declined to examine the broader issues, leaving state hunting licenses valid and in force.
See also
- Beast of GévaudanBeast of GévaudanThe Beast of Gévaudan is a name given to man-eating wolf-like animals alleged to have terrorized the former province of Gévaudan , in the Margeride Mountains in south-central France from 1764 to 1767 over an area stretching . The beasts were consistently described by eyewitnesses as having...
, a famous episode of wolf huntingWolf huntingWolf hunting is the practice of hunting grey wolves or other lupine animals. Wolves are mainly hunted for sport, for their skins, to protect livestock, and, in some rare cases, to protect humans. Wolves have been actively hunted since 12,000 to 13,000 years ago, when they first began to pose... - Canned huntCanned huntA canned hunt is essentially a trophy hunt in which the animal is kept in a more confined area, such as in a fenced-in area, increasing the likelihood of the hunter obtaining a kill...
- Regulation of recreational fishing
- Hunting of Jean-BaptisteHunting of Jean-BaptisteThe Hunting of Jean-Baptiste was a wolf-hunt that began in France and ended somewhere in the Duchy of Luxembourg, and is notable not only for the detailed record of the chase that survived but as an excellent representative of modernized hunting in the medieval style...
, a notable wolf-hunt from 1780 - Exotic pets